Court No. - 50 Case :- CRIMINAL REVISION No. - 2466 of 2010 Petitioner :- Prahlad & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- R.B. Singh Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionists and the learned AGA for the State.
This revision has been filed by the revisionists Prahlad, Charan Singh and
Chhattar Singh to set aside the orders dated 13.4.2010 passed by the Judicial
Magistrate, Mathura in Case No.283 of 2009 and the order dated 22.2.2010
passed in revision No.410 of 2009 by the learned Additional Sessions Judge,
Mathura.
It is contended by the learned counsel for the revisionists that there was no
sufficient evidence on record to summon the accused under section 307 I.P.C.
The impugned order passed by the learned Magistrate is not justified.
The learned AGA has submitted that the accused-revisionist caused injuries to
the injured and there is sufficient evidence on record regarding use of fire arm
and fire arm injury on the person of the injured.
Accordingly, the summoning of the accused persons under sections 323, 324,
504, 506 and 307 I.P.C., P.S. Magorra, district Mathura is perfectly justified.
There is no illegality in the impugned order.
Considered the submissions made by the learned counsel for the parties and
perused the record.
In view of the aforesaid facts and circumstances, there is no force in the
revision and it is hereby dismissed at this stage. However, it is directed that if
the revisionists/accused appear before the court below within a period of three
weeks from today and apply for bail under section 307 I.P.C., their bail
application will be considered and disposed of expeditiously by the courts
below in accordance with law. It is further observed, that the accused will
have an option to move the learned trial court for being discharged at the
stage of 245 Cr.P.C. and the learned trial court will dispose of that prayer in
accordance with law.
Order Date :- 5.7.2010
Ak/